Arraignment Definition

An arraignment is a court meeting where you receive written notice about criminal charges you are facing. Some states call this meeting the initial court appearance. The arraignment is typically your first appearance in court and should take place within 48 hours of when you are brought to jail. The judge will read you the charges in full.

After being read the charges, you must decide how to plead. You will need to enter your plea of guilty, not guilty, or no contest at the arraignment, and the judge will set bail and set your next court date.

You should have an experienced criminal defense lawyer with you at your arraignment. They can advocate for a reasonable bail amount for you, protect your rights, and support you at this important stage of the criminal justice process. Criminal defense attorneys know criminal law and will know how to plan the best defense for you.

Understanding Arraignment

All criminal procedures follow an arraignment process that protects the defendant’s rights under the Sixth Amendment to the U.S. Constitution. These constitutional rights promise you:

• A public and speedy trial
• An impartial jury to hear the criminal case
• Criminal proceedings in the same city as the crime
• The ability to clearly understand why the government wants to prosecute you — this is called the charging document
• The right to confront your accusers

You have the right to counsel and to be assigned a public defender if you do not hire your own criminal defense attorney.

The arraignment court appearance will help determine the date for your trial based on how you plead. You have three options:

• A “nolo contendere” or “no contest” plea means you accept the criminal charges but don’t think you are guilty. Your case will not go to trial.
• A “not guilty” plea means you will fight the charges and go to trial with a criminal defense attorney.
• A “guilty” plea means you accept the charges and admit guilt. You will not go to trial but may be able to get a lighter sentence in exchange for cooperating.

You are not bound by a not-guilty plea. Depending on discussions with your criminal defense lawyer and the prosecution, you can later change your plea to guilty, for example as part of a plea bargain.

Arraignment vs Preliminary Hearing vs Bail Hearing

A preliminary hearing is not the same thing as an arraignment. A judge will have a preliminary hearing to hear the evidence and decide if the prosecution has enough evidence to continue. A judge can dismiss the case if it lacks probable cause that you committed a crime. It is rare that a judge will dismiss the case at this stage, however.

In some cases, you may have bail set at a bail hearing instead of the arraignment. The judge can legally withhold bail but they can’t make bail an unreasonably high amount. The judge can also release you on your own recognizance. There are a number of factors that will determine this, including your criminal record, the nature of the crime of which you are accused, and the perceived likelihood that you will not appear at your next court date.

Begin the Criminal Justice Process with Someone at Your Side

While the arraignment might seem like a small step in the cycle of your criminal case, it can have a significant effect on how prosecutors treat you and your case and where you will be as you wait for trial. Have someone standing there with you when the judge reads you the charges. Hire a criminal defense lawyer.